1. Company has to follow the MB Act. However company may have MB Policy but guidelines has to be as per MB Act.
2.Eligibility criteria same as per MB Act.(A woman is eligible to claim maternity benefits under the following conditions: Women employed in any establishment, whether directly or through any agency are eligible to claim maternity benefits. The employee should have worked for her employer at least 80 days in the last 12 months.)
3.During Maternity leave period employee is eligible for full salary and not basic salary.
4.It has to be processed and paid during maternity leave period.
5. When you process salary during maternity leave period obviously statutory payments also to be deducted and paid.
According to India’s Maternity Benefit Act, 2017, the duration of maternity leave has been increased from 12 weeks to 26 weeks for two children. the leave is limited to 12 weeks for woman having more than 2 children. You will be getting your full wages during the maternity leave and ESI benefits for your medical requirement during the pregnancy.